Posted on January 31, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that the Supreme Court decision, Kucana v. Holder, did not change the court’s holding in Ekimian v. INS that there is no sufficiently meaningful standard to allow court review of sua sponte reopening. (Mejia-Hernandez v. Holder, 1/27/11)
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Posted on January 31, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that New York Penal Law §263.05, use of a child in a sexual performance, is not divisible, and any conviction under it is categorically an aggravated felony offense involving sexual abuse of a minor offense. (Oouch v. Holder, 1/28/11)
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Posted on January 26, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court rejected Petitioner’s argument that the 3-page opinion issued by a single BIA member could only have been appropriately rendered by a 3-member panel, and that 8 CFR §1003.1 clearly allows a single member to issue such an opinion. (Ward v. Holder, 1/21/11)
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Posted on January 24, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court reversed the adverse credibility finding as improperly based on the IJ’s perception of Petitioner’s ignorance of Christian doctrine, misstatements that did not go to the heart of the claim, and insufficient evidence of evasiveness. (Li v. Holder, 1/19/11)
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Posted on January 17, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court denied rehearing and rehearing en banc where the attorneys failed to inquire into and raise FGM as a basis for asylum from Eritrea. Judge Pregerson dissented, citing the adverse effect the decision will have on asylum seekers.
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Posted on January 5, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that it lacked jurisdiction to review the denial of voluntary departure for a petitioner who received passport stamps from an undercover agent as part of a sting operation to target corrupt immigration officials. (Pawlowska v. Holder, 10/22/10)
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Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that shooting at an inhabited dwelling or vehicle in violation of Cal. Penal Code §246 is not categorically a crime of violence as defined under 18 USC §16(b). (Covarrubias Teposte v. Holder, 10/26/10)
Aggravated felony crime of violence
crime of violence
Shooting at an inhabited dwelling or vehicle in violation of CA PC §246 is not a crime of violence
Under immigration reform USA, here are exceptions to the priorities of deportation
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Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that an alien released on conditional parole under INA §236 is not “paroled into the United States” for purposes of eligibility for adjustment of status under INA §245. (Delgado-Sobalvarro v. Att’y Gen. of the U.S., 11/2/10)
Adjustment of Status
Conditional parolee not eligible for adjustment of status
AOS
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Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that misdemeanor false imprisonment in violation of Cal. Penal Code §236 is not categorically a crime involving moral turpitude. (Saavedra-Figueroa v. Holder, 11/5/10)
Misdemeanor false imprisonment in violation of CA Penal Code §236
crime involving moral turpitude
crime of moral turpitude
Wins
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Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that the decision to deny administrative closure is a procedural ruling which the court may review under an abuse of discretion standard to determine whether Petitioner has received a full and fair hearing. (Vahora v. Holder, 11/15/10)
administrative closure
Motion for Administrative Closure
Decision to deny administrative closure
deportation-attorney helps clients in U.S.
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